Move Aways

Do you need to move and are concerned about what will happen with your kids? Given the current economic climate many people are finding that they have to relocate to keep a job or get a new one. If you share your children under a court order this can be terrifying situation. Or you may be the parent staying here and are concerned that a move will negatively impact the time you get to see your kids. Whatever your situation, the Law Office of Erica C. Affinito can help. I understand how frightening it can be to not know what is going to happen next. I will advise you on your options and possible outcomes to help determine your best course of action.

When a parent seeks to relocate the first distinction is the type of custody. Depending on the custody situation the court will have different requirements for allowing or barring a party from moving with a child.

Primary and Secondary Custody Situation

When a parent who has primary physical custody seeks to relocate there is a presumptive right that they may do so without interference. Where the noncustodial parent wishes to prevent the child's relocation that parent bears the initial burden of showing that the move would cause detriment to the child. If they are able to make such a showing the court may then reevaluate the child's custody and decide if a change in custody would be in the best interest of the child. The custodial parent's intent to move does not itself constitute a "change in circumstances" requiring the court's reevaluation. Without additional factors and evidence, it is unlikely that the court would deny the primary custodial parent the right to move with the child. Showing that there is no "good reason for" the move will not alone prevent the move.

Equal Timeshare Custody Situation

If the parents share in an equal timeshare both by order and in fact it can be a much more complicated process if one parent needs to relocate. The court will reevaluate the custody arrangement without the nonmoving party needing to show that it would cause detriment or any type of change in circumstance outside the proposed move. The court will require the parties to attend mediation and may order the parties to undergo more invasive evaluation processes such as a �§730 or �§3111 Evaluation.

Relocating Out of Country

When a parent seeks to relocate to a foreign country they must first making a showing that the other parent's rights can be preserved given the complications and problems posed by an international move. At a minimum the moving parent must assure that:

1. the child will have continuing contact with the parent remaining the in U.S.
2. the California custody order must be enforceable in the foreign country

To protect the child's relationship with the non-moving parent, the moving parent may be

1. ordered to post a bond to ensure compliance
2. be prohibited from applying for modifications of the order anywhere but in the California court
3. be required to register the California judgment with the foreign authorities prior to leaving the state

If you are considering a move or if you have just been told by the other parent that they intend to move, contact the Law Office of Erica C. Affinito to discuss your options. I can advise you on your options and fight for you and your kids.